CLASS ACTIONS ACT [CHAPTER 8:17] as at 26 January 2017 (c) to gather and collate any evidence; (d) to report to the High Court on any of the matters referred to in paragraphs (a) to (c). (2) A commissioner appointed in terms of subsection (1) shall perform the duties for which he is appointed subject to the directions of the High Court. 10 Leave to intervene in class action (1) The High Court may, on application by the member concerned, order a member of a class of persons who will be bound by a judgment in a class action to be joined as a separate party in the action to protect his individual interests. (2) An order in terms of subsection (1) may be made subject to such terms and conditions, whether as to the payment of costs or otherwise, as the High Court may fix. 11 Effect of judgment in class action The judgment of the court in a class action shall be binding on all members of the class of persons concerned, other than a member who has advised in terms of the notice published in terms of section seven that he wishes to be excluded from the action. 12 Form of award of damages in class action (1) Where the High Court awards damages in a class action, the court may— (a) award damages in an aggregate amount to be distributed amongst the members of the class of persons concerned; or (b) make separate awards in respect of individual members of the class of persons concerned; or (c) direct individual members of the class of persons concerned to prove their claims for damages; or may make such other award as the court considers appropriate in the circumstances. (2) In making an award referred to in subsection (1), the High Court may make orders directing— (a) that the moneys payable in terms of the award shall be paid to the representative in the class action, or to a trustee or some other suitable person who shall hold the moneys for the members of the class of persons concerned; (b) how the moneys shall be disbursed to members of the class of persons concerned, whether on proof of their claims to the satisfaction of the holder of the moneys, or on an average basis to be determined by the holder of the moneys, or on some other basis; (c) that the holder of the moneys shall be required to account to the High Court or the Master of the High Court as to his distribution; (d) the holder of the moneys to furnish security to the satisfaction of the Master of the High Court for the proper administration of the moneys; (e) how any surplus moneys shall be re-allocated to members of the class of persons concerned or repaid to the defendant; (f) the payment of additional amounts by the defendant in the event of the award proving insufficient to meet the plaintiffs’ claims. -6-